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  1. #1

    Default Underage Consumption of Alcohol, Pennsylvania Code Section 6308(A)

    My question involves criminal law for the state of: Pennsylvania

    Background:
    My minor child was just issued a Citation/Summons for violating Section 6308, sub-section 'a' at a friends home. He/She required emergency response and transportation to a hospital. The hospital did not file a report. This is his/her first criminal offense of any kind. He/She is not of legal driving age in the state of PA.

    Questions or how to plead and any options that we may have:
    1) Should we plead guilty or not guilty?
    a. Is there any likelihood that a judge will be lenient on this type of first offense and either dismiss the charges or assess him/her with a lesser charge.
    2) What would potential lesser charges be, if any?
    3) Will the parents whose home the violation occurred in also be cited?
    4) Does getting an attorney for this type of offense provide more opportunity to reduce the charge or is underage drinking the type of offense that many courts 'hold the line' on?

    Questions on future implications:
    1) As he/she can't drive now am I correct in my understanding that any assessed punishments will begin when he/she reaches the legal driving age?
    a. first offense 90 day suspension to begin on his/her 16th birthday (delay in getting drivers permit)
    2) When will this be expunged from his/her record?
    a. When he/she reaches the age of 18 (i.e. not a minor)
    b. When he/she reaches the age of 21 (legal drinking age in PA)
    c. After a set period of good behavior (e.g. 1 year)
    d. It will never be expunged

    Auto Insurance:
    1) Can or will this affect my auto insurance policy when he/she begins to drive?
    2) Will the insurance company be made aware if he/she is found or pleads guilty?
    3) Can he/she be denied insurance for a guilty verdict in the future?

    Thanks in advance for any replies!
    Concerned Dad

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Pa Minor Cited for Violating Section 6308(A) - Underage Consumption of Alcohol

    An attorney should have little problem getting deferred adjudication. His suspension punishment starts at age 16. Insurance companies are not permitted to asses a penalty in his situation. Read the 2 links I provided, they answer all your questions basically.


    http://www.legis.state.pa.us/WU01/LI...3.008.000..HTM
    http://law.justia.com/codes/pennsylv...pter-63/6310-4

  3. #3

    Default Re: Pa Minor Cited for Violating Section 6308(A) - Underage Consumption of Alcohol

    Thank you for the quick reply.

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